CLAIMANTS' ADVISORY COMMITTEE
Dow Corning Breast Implant / Bankruptcy Settlement
Volume 18, No. 9, November 1, 2021
Email: email@example.com or
Phone: (419) 394-0717 or
CAC Sybil Niden Goldrich
P.O. Box 665 Ernest Hornsby, Esq.
St. Marys, OH 45885 Dianna Pendleton-Dominguez, Esq.
UPDATE ON PREMIUM PAYMENTS
The Settlement Facility is continuing to make the second premium payment to eligible claimants who have verified their address. In September 2021, they mailed approximately $24.5 million in payments, and in October, they mailed approximately $17.3 million. The Settlement Facility will continue to issue second premium payments every month until this process is complete.
What should you do if you have not received your second premium payment? Contact the Settlement Facility as directed below and check 1) if you are eligible for a second premium payment, and 2) verify your current mailing address. The Settlement Facility will NOT send out second premium payments until you first verify your address.
The Settlement Facility will continue to mail a letter to eligible claimants asking them to verify their address so that they can mail the second premium payment. At this time, they are mailing approximately 5,000 letters every month. If you receive a letter from the SF-DCT asking you to verify your address, you must respond or your payment will NOT be sent. If you have not yet received an address verification letter and/or have not contacted the SF-DCT to confirm your address, we strongly urge you to do so now. You can to this in one of 3 ways:
1. call them toll free from within the U.S. at 866-874-6099 (or if you are outside the U.S., call 713-874-6099), or
2. you can send them an email to: firstname.lastname@example.org, or
3. or you can mail a letter to: SFDCT, P.O. Box 52429, Houston, TX 77052.
Both claimants and attorneys must verify their address.
Please note that if you have verified your address already, you do not need to call or contact the Settlement Facility again for 90 days after that verification. If you call more frequently, it can slow down the process of getting premium payment checks mailed, so please only verify your address once, then wait for 90 days to receive your check. If you have not received it within 90 days, then you can call the Settlement Facility again.
Claimants have 180 days to cash their second premium payment check. Pursuant to Closing Order 2, attorneys must distribute the funds from the second premium payment to their clients within 180 days from the date on the check. If the funds are not distributed within 180 days, the attorney must return the entire amount of the payment to the Settlement Facility. The attorney can then assert a lien with the Settlement Facility for the amount of attorney fees and/or expenses.
SETTLEMENT FACILITY SURVEY TO LAW FIRMS
The Settlement Facility sent out emails to attorneys of record asking them to complete a short survey about stale, uncashed checks and undistributed claimant payments. A stale check is one that was not endorsed within 180 days from the date on the check. An undistributed claimant payment is a payment that was endorsed and deposited into a law firm account but was NOT distributed to a claimant within 180 days from the date on the check. As noted above, Closing Order 2 requires these payments to be returned to the Settlement Facility.
The survey does not seek information about funds that are currently being distributed. If a law firm has received a recent check from the Settlement Facility (i.e., one that is not stale), the survey does not pertain to that payment. It applies only to payments for stale, uncashed checks and undistributed claimant funds. Attorneys – if you receive this survey, you must respond. Failure to respond may result in legal action against the law firm.
If you have a situation where the claimant payment was deposited into an escrow account and was not distributed within 180 days but distribution is imminent or subject to a court order (i.e., bankruptcy proceeding of the claimant, probate issue, divorce or dissolution of the claimant, etc.), you must notify the Settlement Facility about this situation and work with them to determine if the payment should be returned pending the outcome of the claimant's legal proceeding.
Contact the Settlement Facility for more information on the court-approved lien process and the form to assert a lien for attorney fees and expenses.
PROBATE ISSUES FOR DECEASED CLAIMANTS
If a claimant is now deceased, the Settlement Facility accepts probate documents from the court-approved Representative of a claimant's estate. Contact the Settlement Facility directly to find out what documentation they require. You can call them directly at 866-874-6099 or by email at: email@example.com.
If the claimant's probate estate is closed and the check is made payable to the estate, contact the Settlement Facility to see if a check can be reissued payable to the representative.
FOR LAW FIRMS ONLY: If a client is now deceased and the probate matter is closed or too small to open a formal probate proceeding, the Settlement Facility does accept an "Estate Claims Affirmation and Agreement." This form requires the attorney of record to execute the Estate Affirmation Form certifying information about the deceased claimant and agreeing to indemnify the Settlement Facility in exchange for issuance of payment. You can download a copy of the form here:
THIS FORM IS FOR ATTORNEYS OF RECORD ONLY. If you are not an attorney but are representing the estate of a deceased claimant, contact the Settlement Facility for information on how to proceed.
For claimants who represent non-U.S. or "foreign" claimants as defined by the Plan, download the following probate form on the CAC website (listed under "Other Downloads and Forms) to use – Affidavit of Distributee Of A Decedent's Estate Claim in the Dow Corning Settlement Program. THIS FORM IS FOR USE BY NON-US CLAIMANTS ONLY.
REMINDER – The Settlement Facility will permanently close once all claims have been completed (i.e., all claims have been reviewed and cure deadlines have expired), all appeals have been concluded, and all eligible payments have been issued and at least 180 days have passed since the date on the last check. We do not know the exact date at this time, but it will likely be sometime in 2023.
If you would like to read prior CAC e-newsletters, they are available on the CAC website by clicking on "Electronic Newsletter." We urge you to visit the CAC website (www.tortcomm.org) on a regular basis to download or view relevant documents and read updates and new information.
NOTICE: This document is copyrighted. You are not authorized to post it on any website without express, prior written permission of the Claimants' Advisory Committee.